Cardin proposes criminalizing 'revenge porn'

Erin Cox, The Baltimore Sun

Del. Jon Cardin wants to make "revenge porn" a felony that could result in a five-year prison term for posting compromising pictures of an ex-lover on the Internet

The Baltimore County Democrat plans to release details of his new bill Wednesday. If approved, the proposal would place Maryland among a handful of states with tougher laws for jilted exes who distribute sexually explicit photos online without consent.

While most states, including Maryland, already have laws on the books against cyber-harassment, only two — California and New Jersey — have enacted tougher standards that criminalize "revenge porn."

Several websites that collect and publish such photos have been shut down or subjected to lawsuits, often from women who accuse ex-boyfriends of vengefully uploading naked photos of them without permission.

But advocates seeking tougher laws say that such behavior is not a crime in most states and victims must file a civil suit to get the images taken down. Some revenge porn websites earn cash by charging women $250 to have their images removed.

Cardin's proposal, which includes a fine of up to $25,000, would be stricter than the California law signed this month. That law carries a maximum penalty of six months in jail and a $1,000 fine. The New Jersey law considers the crime a felony and has been on the books since 2004.

The California law has sparked a nationwide discussion about whether to criminalize vengeful posting of photos that would otherwise be protected under the 1996 federal Communications Decency Act that protects websites that post user-submitted content.

The California law was passed, in part, at the urging of advocates like Holly Jacobs, founder of the Cyber Civil Rights Initiative and a Florida woman who found more than 200 nude images of herself posted online after a breakup. The woman's former boyfriend has said his computer was hacked.

Other states, including Georgia, New York, Texas and Wisconsin, have also considered passing laws to criminalize the practice, according to news reports. In discussions in other states, groups including the American Civil Liberties Union have cautioned that an overly broad law could run afoul of the First Amendment, netting bloggers and journalists who write about or link to sites with revenge porn.

Cardin plans to unveil his proposal alongside a University of Maryland law professor who specializes in privacy issues and a Maryland woman who describes herself as a victim of revenge porn. Any legislation will be considered by the General Assembly after it convenes in January.

When Cardin launched his campaign for attorney general this summer, the three-term legislator said he wanted to focus on protecting citizens in the Internet age. Cardin faces three other Democrats in the wide open June 2014 primary for attorney general.

Other measures championed by Cardin include a law passed this year that criminalized online bullying. Cardin's legislative director, Joshua Greenfeld, said the revenge porn bill was a "natural progression" of that work.